"Differences between a DUI stop and a Sobriety DUI Checkpoint stop in Scottsdale AZ."

DUI charges Scottsdale AZ
If you were arrested as a result of a DUI task force in Scottsdale AZ for DUI - DWI or Drunk Driving charges, you should consult Scottsdale DUI lawyer soon as possible. Arizona DUI laws are strict. Current law in Arizona requires anyone convicted of DUI to serve time in jail time, court ordered ignition interlock devices; and other harsh punishments. This is the case even for a first time Misdemeanor DUI.

Scottsdale DUI Task Force Stop
DUI task forces (also referred to as DUI Safety Checks, DUI sobriety checkpoints or DUI roadblocks). DUI task forces are set up a certain locations, times and dates decided in advance by the City, County or other jurisdictions. They are conducted by the respective city's law enforcement agencies. They are generally staged around holidays, weekends, or events that expect to draw high volumes of traffic. The goal is to deter and seek out drunk drivers or person's whose driving is "impaired to the slightest degree". Certain guidelines must be followed. Scottsdale Arizona is responsible for deciding on specific details of conducting their DUI Task Force operations. However, in general they have adapted guidelines established by the National Highway Traffic and Safety Administration (NHTSA).

Scottsdale DUI Defense Lawyer
Regardless of the events that led to your Scottsdale DUI arrest, you have the right to challenge your DUI. In order to successfully defend the charges, you will need to retain an experienced criminal defense attorney or Scottsdale DUI lawyer to represent you. Good Scottsdale DUI attorneys will defend your charges; fight for your rights; build and present an effective DUI defense case on your behalf. If you were arrested for a Scottsdale DUI you should contact criminal attorney who defends DUI charges frequently in Scottsdale AZ to discuss your matter and defense options.

If you "Like" this article please let us know with "+1". Feel Free to subscribe and "Share"!

Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499

Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Phoenix, Mesa, Chandler, Gilbert, & Scottsdale AZ
For a Free Consultation call (480) 413-1499 Today!

What You Should Know about Outstanding Arrest Warrants in Gilbert

"Get Your Gilbert Arrest Warrant 'Quashed' (cancelled) by Retaining a DUI or Criminal Attorney who Defends Charges in Gilbert AZ"

Gilbert Arrest Warrants
Do not ignore an outstanding Gilbert AZ arrest warrant. It is a very serious matter. Whether you are at work, home, school, outside of Gilbert or even Arizona, it is a matter of "when" not if you will be arrested. Arrest Warrants put simply gives police the legal authority to detain and arrest you for a criminal, DUI, or other violations of the law that you are being accused of, and have not yet taken care of in the eyes of the police and court.

Length of Time a Gilbert Arrest Warrant Remains Outstanding
Indefinitely. Arrest Warrants will stay outstanding until taken care of. Arrest Warrants don't just go away by themselves. Don't bother trying to wait it out. In Arizona there are no expiration dates on outstanding arrest warrants. Some defendants are arrested decades later after being stopped for a minor traffic infraction. Sooner or Later, you will be arrested. If you have a warrant it will remain outstanding until either the bond is posted or the judge decides to "quash" or cancel it. The judge may require a bond be posted before canceling the warrant. So it is best to be make arrangements in advance to post a bond for your court appearance.

How to Find Out if you Have a Gilbert Arrest Warrant Outstanding
There are a variety of ways to find out if you have an outstanding warrant for your arrest in Gilbert. But the fastest, safest, most reliable way is to consult a Gilbert criminal defense lawyer or Gilbert DUI lawyer. A Criminal defense Attorney who defends charges in Gilbert will conduct a thorough search via accessible legal resources. They will advise you of the most accurate, current information available. Upon Retention they can also guide you through the steps that will benefit your defense the best, as well as build an effective defense for the initial and current charges.

Types of Arrest Warrants in Gilbert AZ
There are two types of specific "arrest" warrants:
• Police Arrest Warrants: These are arrest warrants issued by Police or Law Enforcement Agencies, in order to detain or arrest someone. An arrest warrant can be issued when police feel they have sufficient evidence to suspect a crime was or is being committed and that person was involved in the crime. Refer to A.R.S. Criminal Code Title 13 - Beginning with Article 7, 13-3881
• Bench Arrest Warrants: These are warrants issued by the Gilbert Court Judge. A bench warrant is issued when a defendant fails to appear for their scheduled court time and date for the initial criminal or DUI matter. There are a many reasons why a person may have failed to appear in court, some better than others. None the less, it is in your best interest to retain a Gilbert DUI lawyer or Gilbert criminal lawyer who can "tell your side of the story". They will be able to present compelling arguments, through the proper legal channels in your defense regarding the initial charges and reason for outstanding arrest warrant if it was due to "failure to appear" Reference A.R.S. Criminal Code Title 13-2506 Failure to appear in the second degree; classification 13-2507 Failure to appear in the first degree; classification..."

Defense Options for Outstanding Warrants for Arrest in Gilbert AZ
1) Pay the bond amount set by the judge. Once you pay the bon, the warrant will be quashed. You will then be given a new court date if the warrant is for failure to appear. If you miss your court date again, or cause further delays, the court will frown upon this with more severe penalties for both the initial DUI or criminal matter as well as the "failure to appear" charges. You must appear on the new scheduled court date if you have not hired a Gilbert Criminal Defense Lawyer. They have been able to negotiate alternative more favorable arrangements or can get the warrant quashed all together.

2) Appear before the judge during a "Walk-in Docket". Gilbert Court usually provides a daily time for defendants who need to make unscheduled court appearances. Unscheduled appearances are heard only at specified times available by the Gilbert AZ Court. In the least you should consult a Gilbert AZ criminal attorney to discuss your matter and how to proceed before you appear at a "Walk-in Docket" unrepresented.

3) This is the best way for you to handle an outstanding arrest warrant: Retain a private practice Gilbert criminal attorney or Gilbert DUI lawyer as soon as you can. Early retention is the key to a successful defense for any charges. It is at this point, your Defense Attorney will have the most leverage to tailor a defense strategy and exercise your defense options. Your Gilbert criminal lawyer will confirm the facts, and if retained, can file a Motion to quash your warrant. At that point they can also begin tailoring a solid defense strategy for your Gilbert Criminal or Gilbert DUI charges.

Continue reading "An arrest warrant will remain outstanding indefinitely, until it is taken care of or an arrest is made. Find out the safest way to take care of an arrest warrant." »

How to fight a DUI in Phoenix AZ

If you have been arrested for a DUI in Phoenix AZ, you have the right to challenge the charges. You will need to hire a good criminal defense or DUI attorney who defends charges in Phoenix Arizona on a regular basis.

There are many defenses that a good Phoenix DUI attorney will consider based on the unique facts surrounding your DUI case. DUI charges are not "cookie cutter" charges. Each situation must be defended on its' own merits, and defenses will be different depending the set of facts surrounding your case. Below is a short list of defenses that can be used to fight Phoenix DUI charges through the criminal justice system:

• Challenging the reason for the Stop;
• Challenging police observations of the defendant at the time of the stop or arrest;
• Challenging Field Sobriety tests (as graded by the police);
• Challenging Police violations of protocol
• Challenging Breath, Blood or Urine test;
• Challenging other evidence surrounding the arrest;
• Challenging Constitutional Rights Violations;

An experienced DUI defense attorney who defends cases in Phoenix AZ Court frequently will examine all the facts and evidence and determine which defenses will prove to be the most successful in fighting your DUI. Your Attorney will file motions and present compelling arguments on your behalf. You can fight DUI by hiring an experienced Phoenix DUI lawyer. This will increase your chances drastically toward getting your charges dropped, reduced, or the otherwise best outcome in your DUI case.

Continue reading "7 Common defenses used to challenge DUI charges." »

"What you know about Phoenix DUI Task Force Stops may help you avoid a DUI and Phoenix DUI Conviction"

Phoenix AZ DUI Charges
If you were arrested at a Phoenix DUI for DUI, DWI or Drunk Driving charges, you should contact a Phoenix criminal defense or DUI attorney as soon as possible. Arizona DUI laws and penalties are some of the toughest in the country. DUI convictions can expose you to jail time, and other harsh punishments. Most experienced Phoenix DUI Lawyers provide a free consultation for those who face Phoenix DUI or Criminal Charges. In the least you should contact them to discuss your charges and defense options.

DUI arrest at a Phoenix DUI Task Force
Phoenix DUI Sobriety Checkpoints, (also called DUI Safety checks or DUI roadblocks) are set up at specified locations, decided by City/County officials and law enforcement agencies. Usually they take place during holidays or weekends when traffic volumes are expected. Arizona is one of a majority of states in the Country who conducts these DUI Sobriety Checkpoints. Arizona adapted from the National Highway Traffic and Safety Administration (NHTSA) guidelines to use in accordance with city and state laws.

Difference between DUI Task Force Stops and Phoenix DUI Stops
The main difference between a DUI stop and a DUI Task Force stop are the obvious events that lead to the DUI stop. In a DUI task force or roadblock situation, Police do not need "reasonable suspicion" that someone is driving drunk or DUI, in order to stop the vehicle to investigate further.

DUI Task Forces set up road blocks in specified location decided in advance and organized by Phoenix City Officials and Law Enforcement Agencies. The primary purpose of them is to seek out and arrests persons driving drunk, or driving impaired due to alcohol or drugs. The vehicles the police will stop at a DUI Road Block are decided in advance by city, or county officials in conjunction with DPS and law enforcement agencies in that area.

According to the NHTSA guidelines, adapted by Arizona, the determination must be made by means of a mathematical formula of sorts. For example, will stop every first, second, third, or every other vehicle passing through the DUI roadblock. Police need no other reason to make the pre-determined DUI stop in that event.

In a situation where the police pull a driver's vehicle over while they are driving due to suspicion of DUI, DWI, or Drunk Driving, the police must have "reasonable suspicion" that a crime is in progress or other violation of the law has occurred. The US Supreme Court held that an officer must have "reasonable suspicion" that a criminal offense or traffic infraction has occurred in order to stop and detain a driver for investigation.
With regard to penalties, there is no difference between a conviction resulting from a DUI Task Force arrest and an arrest made from a DUI stop.

Phoenix DUI Defense Lawyer
By law you are innocent until proven guilty, and have the right to defend your charges, no matter what the circumstances led to the DUI stop. But without legal representation by an experienced Phoenix DUI lawyer, there is little chance your DUI will be dismissed. A good criminal defense attorney will make sure you are treated fairly, defend your rights and build a solid defense on your behalf.

If you "Like" this article please let us know! Feel Free to subscribe and "Share"!

"You have the right to a DUI defense, no matter what circumstances led to your Tempe DUI arrest: Your chances of getting your DUI charges dismissed increase drastically when you are being defended by a good Tempe DUI lawyer."

Tempe DUI Charges
If you were arrested by a Tempe DUI Task Force on DUI - DWI charges, you should consult a Tempe DUI lawyer to defend your charges as soon as possible. Arizona has some of the toughest DUI - DWI laws and penalties in the country. Currently all types DUI charges, if convicted carry jail sentencing, and other harsh penalties. Most experienced DUI Lawyers and criminal defense attorneys in Tempe AZ will provide you with a Free Consultation to discuss your charges and potential defense.

Tempe DUI Task Force- DUI Charges
Tempe DUI Sobriety Checkpoints are set up at pre-determined locations, decided by Tempe city and law enforcement agencies. Generally they are set up around holidays or events that draw high vehicle traffic volumes. Tempe is just one of a majority of cities who participate in staging DUI Sobriety Checkpoints (sometimes referred to as DUI roadblocks or DUI safety checks.) Arizona Sobriety Checkpoints rules apply according to Arizona laws, Constitution and the National Highway Traffic and Safety Administration (NHTSA) guidelines:

Differences between a Tempe DUI Stop and DUI Task Force Stop
The main difference between a DUI stop and a Sobriety DUI Checkpoint stop is the nature of the stop itself and the circumstances leading up to that stop. DUI Task Force stops are DUI Road Blocks that are set up in a particular location decided in advance. The primary purpose of them is to "catch" persons driving drunk, or driving impaired due to alcohol, drugs or other toxic substances. The vehicles stopped at a Task Force are decided in advance by means of mathematical formula or simple numeric pattern. For example, they may decide to stop every other vehicle or every vehicle. In a DUI Task Force situation, police can legally stop the vehicle for a DUI safety check simply because they fall within the pre-determined numbered vehicle. They need no other reason to stop the vehicle to request license and registration from the driver, other than the stop was made because the vehicle fell within the pre-determined number car driving through the road block.

This is different from a situation where the police pull a driver over while they are driving due to suspicion of DUI, DWI, or Drunk Driving. In this case, the police must have "reasonable suspicion" that a violation of the law has occurred. The US Supreme Court held that an officer must have "reasonable suspicion" that a criminal offense or traffic infraction has occurred to stop or detain a vehicle for further investigation, in order to get a conviction.

With regard to consequences, there is no difference in penalties resulting for a DUI task force stop and any other Tempe DUI, DWI or Drunk Driving Conviction.

Tempe DUI Defense Lawyer
You have the right to defend your charges, no matter what the circumstances led to your DUI. However, your chances of getting your DUI dismissed will increase drastically if you retain a good Tempe DUI lawyer to defend you. Arizona DUI laws and charges are complex, and have many factors to be considered. Each is unique. The criminal court system can be a maze of procedures and protocol. Providing a solid defense on your behalf requires being well versed on your case, Arizona DUI laws, and possessing a vast amount of trial and litigation experience in defending DUI charges. Experienced DUI lawyers deal with it and defend cases on a regular basis. They will guide you through the stages of the criminal court case as well as dealing with the Arizona motor vehicle hearing. The best Tempe DUI lawyers conduct their own investigation of the facts, including those events that lead to your DUI arrest. They will determine, tailor and build a defense case that will be the most effective based on your set of circumstances and present compelling arguments on your behalf. Top DUI lawyers in Tempe will make every effort to get your charges dismissed; reduced; and obtained the best possible outcome in your case.

If you "Like" this article please let us know! Feel Free to subscribe and "Share"!

Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499

www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
www.arizonacriminaldefenseattorneyblog.com
www.phoenixduilawyerblog.com

Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix & Scottsdale AZ
Free Consultation! Call (480) 413-1499

5 Things you need to know if you were arrested for AZ drunk driving

1. Drunk Driving laws in Arizona carry some of the most severe penalties
in the county. If you choose not to retain a private practice Arizona DUI
defense Attorney, you will most likely be convicted. If convicted for an
Arizona DUI you will be exposed to sentenced to jail time, as well as other
Severe penalties.

2. The Maricopa County Prosecutor is not your friend. Although they may appear friendly, and greet you with a smile- beware, they have only one job--- to convict you of an AZ DUI. After the police charge you for drunk driving in Arizona, the DUI case then goes to the Prosecutor. Should the prosecutor strike up a conversation with you, do not reciprocate. You have the right to remain silent. Use it. If not, the prosecutor will note all that you say. You may be surprised to learn what they can use against you in trial. Therefore, politely acknowledge your right to remain silent, until you are accompanied with, or speak to your AZ DUI Lawyer.

3. Make sure you appear to all your court dates for your Arizona drunk
driving charge. If you miss your court date or are late the Judge may issue an
arrest warrant for your "failure to appear". The only time you would not need to appear your scheduled court date is if you have retained a private practice Arizona DUI lawyer, or the Maricopa County Judge instructs you otherwise.

4. When charged with an AZ DUI, you will usually need to deal with two separate entities with your Arizona drunk driving case. The first entity is the Arizona Motor Vehicle Division (MVD). An Arizona DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. You are entitled to a MVD hearing as long as you request it within 15 days to request a days. Otherwise, you forfeit the right to defend your driving privileges and driver's license suspension. The second is criminal Court for the criminal matter, the AZ DUI.

5. If you retain an experienced Arizona dui lawyer, they will immediately begin your AZ drunk driving defense begins before your first scheduled court date. This is important, because doing nothing, or waiting until the last minute will affect the outcome and negations, most often not in your favor. On the other hand an Arizona DUI Attorney will be prepared to make every attempt to get evidence dismissed; find exculpatory evidence (additional evidence that will favor your defense); and make every effort to open lines of communication and negotiate with the prosecutor on your behalf. A word of caution, if you do not intend to be represented by a qualified DUI Attorney in Arizona, it is best that you not attempt to do these things on your own. To the contrary and unknowingly, your words and actions can be used against you. An experienced DUI lawyer will instruct and guide you though the processes. They in effect act as a barrier between you and the prosecution and police to make sure your rights are not violated and that you do nothing innocently to harm your case. They will tailor and build the best defense strategy based on the facts and evidence of your case, to provide a solid defense and will make every effort to get your case dismissed.

Continue reading "5 Survival Tips for those who face Drunk Driving charges" »

5 facts you need to know about your Tempe Drunk Driving Charges!

The best advise a Tempe drunk driving lawyer can give you...

1 Drunk Driving charges in Arizona are serious. Due to strict AZ DUI Laws, a drunk driving conviction exposes you to severe penalties including jail or prison time. If you choose not to go unrepresented by a private practice Arizona criminal defense lawyer, you will likely be convicted. The best chance you have of getting your DUI dismissed is to retain a private practice Arizona criminal defense Lawyer or AZ DUI Defense Attorney.

2 The Tempe or Maricopa County Prosecutor is not your friend. After a Drunk driving arrest in Tempe, charges or the complaint, are escalated to the Maricopa County Prosecutor for criminal processing. If your paths cross with the Prosecutor, the may appear to be professional and friendly. But don't let your guard down. You must keep in mind, they have an important job to do---and that is to convict you of a Tempe DUI. So if a conversation should ensue, be polite and respectful, but do not engage in any discussion regarding your Tempe drunk driving charges. You have the right to remain silent. Use that valuable right. Otherwise, you may be surprised at what kind of self incriminating statements the prosecutor can and will be used against you. Simply and respectfully acknowledge your right to remain silent, until you are accompanied by or consult your AZ DUI attorney.

3 Appear and be on time to all scheduled court dates for your Tempe
AZ drunk driving charges. If you miss your court date or are late the Judge
may issue an arrest warrant for your "failure to appear". The only time you would need to appear your scheduled court date is if you have retained a private practice Arizona DUI lawyer, or the Maricopa County Judge instructs you otherwise.

4 When charged with a Tempe DUI, you will need to deal with two separate entities. First, is the Arizona Division of Motor Vehicle (DMV). An Arizona DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. The second is criminal Court for the criminal matter, the AZ DUI.

5 If you hire a good Tempe drunk driving lawyer, the will immediately begin your drunk driving defense. A successful defense begins well "before" your first scheduled court date. This is important, because doing nothing, or waiting until the last minute gives the prosecution the advantage of having a case built against you, with no shield of defense. Also, you may be missing valuable negotiating opportunities through the proper legal channels. Also, you stunt you may detriment your defense, by having waived the opportunity to file early relevant motions to dismiss your charges, if they exist. If you decide not to hire a private practice Tempe DUI attorney, you will be held to the same standard of the court as if you were represented by a DUI Attorney. You don't get any breaks by the court. You will be treated as if you are, or have hired a Tempe DUI defense attorney. This includes complying with procedures protocol; attending all conferences and court appearances' meeting deadlines; building and presenting your own defense. Criminal and DUI charges are dismissed every day do to the police or prosecution violating Court or their own policies. Dismissals may be granted due weak or faulty evidence by the prosecution, dui blood test procedures and retesting results, a faulty breathalyzer test, violations of your rights, finding evidence in your favor to challenge the prosecution, and a host of other reasons. An experienced Tempe DUI Attorney, will be prepared to try to get your DUI charges dismissed by tailoring, building, and presenting solid and compelling defense on your behalf.

Continue reading "What you must know if you have been arrested for Drunk Driving" »

"You have the right to hire an Arizona Criminal Defense Lawyer at nearly every stage of a DUI Case. But the earlier you hire an AZ DUI Lawyer, the greater Your Chances are of Getting Your DUI Dismissed."

The Importance of Hiring an Arizona DUI or Criminal Lawyer Early
The best DUI lawyers in Arizona will agree that you have the right to hire an Arizona Criminal Defense Lawyer at nearly every stage of an AZ DUI Case. But know that the earlier you hire an AZ DUI Lawyer, the greater your chances are of getting your DUI or criminal charges dismissed. Early retention of an Arizona criminal defense or DUI Lawyer is a one of the most important keys to a favorable outcome. At some stages in the DUI case processes, a good number of criminal defense attorneys or AZ DUI lawyers will not accepting your case.

If you contact a private practice defense lawyer during later stages of your case, they may if they feel it is too late to provide you with an effective defense. There is a point of no return of the chance to get private practice DUI or criminal defense representation. This generally happens for the following reasons:

• Often the prosecution and court have their minds made up about a plea offer that was unfavorable to you. It is not likely they can be persuaded to reduce the penalties at a later point in the process.
• You made admissions regarding your guilt, on record, either to the police, investigator, or court as in response to the allegations against you that can not be undone.
• Rights to utilize certain defenses were waived due to events that took place, actions or inactions to preserve your rights.
• Most of the time, a private practice AZ DUI or criminal defense lawyer will recognize the hurdles that have mounted against you. After careful consideration, if they decide not to accept your case for hire it is usually because they feel involvement will most likely not change the outcome at a certain stage in your case.
• Many AZ defense attorneys and criminal defense firms regulate their case loads. They may feel that any attempts to dismantle or overcome events that have taken place may be too time consuming, and take them away from the other paid obligations they have accepted that are early in their cases.
• Your case has been set for trial, amidst trial, or the trial has already taken place. This usually means that negotiations and opportunities to get your case dismissed have been ongoing, unsuccessful. Unless it is a formal appeal and the defense attorney handles cases in appeals court, they may turn the case away. Don't fret however; there are trial lawyers in Arizona who will in fact accept the offer to represent you for the trial services or late phase pre-trial services. You may just need to look a little further, or make a few more contacts to find them.

When you hire an Arizona criminal defense lawyer or DUI lawyer, you are the employer. They work for you, as well as with you. At the same time however, the AZ DUI lawyer or defense attorney has the option of taking the job or not. Early on, if you are willing to pay a reasonable fee charged by the private practice Arizona Criminal Defense Lawyer or AZ DUI Lawyer, you will most likely have your pick. You will be able to easily find good legal representation at an affordable price, without looking too far.

Continue reading "Why you need to retain a private practice criminal defense attorney to defend your DUI charges" »

"The best criminal attorneys in Arizona will tell you, there are some charges you can defend on your own; but a Felony DUI is not one of them."

Felony DUI Arrest Tempe AZ - Why You Need Felony DUI Defense
If you were arrested for a Felony DUI in Tempe Arizona you face very serious charges. So serious, that even experienced Arizona DUI lawyers in the valley would hire the best private criminal defense attorney or DUI trial lawyer they could find in Maricopa County to defend their felony DUI charges. This is not a reflection on that DUI attorney's or anyone else's legal qualifications; aptitude or ability to challenge evidence or criminal charges; or whether or not they are a criminal defense attorney or have a different occupation entirely. It's not even a matter of knowing how to defend their own Felony DUI charges; but rather, good DUI lawyers know it is best for their defense if they don't represent themselves---Simple as that.

You have heard the adage, "A lawyer who represents themselves has a fool for a client"- Abraham Lincoln or someone else...your choice. Most criminal attorneys agree with the prudence and rationale behind the adage. There are many reasons why an Arizona Criminal Defense or DUI lawyer would hire the best DUI lawyer or private criminal lawyer in Maricopa County they knew (the "best", being second to themselves, of course) to defend their Arizona felony DUI charges. However, to get into all of the reasons-- would take us well beyond the scope of this article. The point is you need to retain a good private practice Tempe Criminal Defense Firm or DUI lawyer in Arizona to defend your Felony DUI charges. This is true only if you wish to have any real chance at getting a dismissal, acquittal, or any other favorable outcome in your Felony DUI case.

Felony DUI Penalties List | Aggravated DUI Penalties Arizona
Aggravated DUI, also known as Felony DUI charges carry mandatory minimum and maximum sentencing ranges. This means that if you are convicted, the judge has the authority to order a sentence within that range. It may be lenient or harsh, depending on the circumstances and discretion of the judge. If convicted of aggravated DUI or felony DUI you will be exposed to prison time that ranges from 4 months to 2 ½ years. The seriousness of the penalty will be determined based on the Classification of felony for which you were convicted. The Classification for felonies range from Class one to Class six, with Class 1 being the most severe.

Here is list of potential Penalties that may apply for Felony DUI:
• Jail - 1 day to 1 year;
• Prison - 4 months to 2 ½ years;
• Driver License Revoked - 3 years;
• Ignition Interlock Device at the defendant's expense
• Monetary fines upwards to $150,000 + 80% surcharges;
• Drug/Alcohol Drug/Alcohol Screening, Counseling, Treatment & Costs;
• Probation;
• Criminal Record - Felony Conviction
Depending on the circumstances surrounding the felony DUI charges, the judge has the discretion to also order additional costs, fees, medical bills or other restitution.

LAW OFFICE OF JAMES NOVAK
DUI & Criminal Defense Lawyer
(Former Prosecutor)
Free Consultation!
(480) 413-1499

Continue reading "Why you should never attempt to represent yourself for DUI or criminal charges" »

Ways to fight your Tempe DUI Charges

If you have been arrested for a DUI in Tempe AZ, you have the right to challenge the charges. You will need to hire a good criminal defense or DUI attorney who defends DUI charges in Tempe Arizona frequently.

Good Tempe DUI attorney will know which defenses to use based on your individual set of facts that surround your arrest. There is not just one path or reason to get DUI charges in Tempe AZ dismissed or to get a "not guilty" verdict. There are many defense strategies that can be used. Each individual's DUI circumstances are different. Different defense strategies will be formulated by your Tempe DUI defense attorney based on those facts and evidence. Here are just a few defense avenues that some of the best Tempe DUI lawyers may take to fight your Tempe DUI charges:

• Arguing the reason you were stopped for DUI by the police;
• Questioning police observations of the defendant at the time of the stop or arrest;
• Challenging elements surrounding results of Field Sobriety tests;
• Determining if Police violated their procedures and protocol;
• Challenging results of Breath, Blood or Urine tests;
• Presenting exculpatory evidence (evidence in your favor). For example providing objective third party eye witness testimony which contradicts the police report of events led to the arrest;
• Determining if your Constitutional Rights were violated before, during or after your arrest.

In summary, you can fight a Tempe DUI by hiring a good Tempe DUI lawyer.
They will gather, and examine all the evidence and decide what defense strategy will likely lead to getting your charges dismissed or reduced, and the otherwise best possible outcome in your case.

Continue reading "7 Common Defenses for DUI charges" »

Why You Need a Good Criminal Attorney that Defends Felony Charges in Chandler AZ

If you have instructions to appear in Arizona Superior Court following a criminal arrest or receipt of summons, this usually means you most likely are facing a criminal felony charges in Arizona. If so, you should consult a criminal lawyer who defends felony charges received in Chandler and regularly defends clients in Superior Court. A felony is a serious matter in Arizona. Felony Charges in Arizona carry some of the harshest penalties in the country. Without effective private criminal defense for your Arizona Superior Court matter, your future and freedom may be in jeopardy. An experienced trial and criminal defense lawyer who defends Chandler criminal felony charges will help resolve your criminal charges so that they have the least impact on your life as possible.

Criminal Arrest for Felony in Chandler AZ
A Chandler criminal arrest is not a conviction. By law you are innocent until proven guilty by the prosecution. You do not have to "prove" your innocence. The Prosecution has the burden of proving you are guilty of the charges. The arrest is just the beginning of the Criminal Stages in the criminal justice process. Chandler police and law enforcement agencies work very closely with the Arizona prosecution to egregiously prosecute felony offenses and get convictions. The best way to protect yourself and preserve your freedom is to hire a highly trained, qualified, proactive and experienced Chandler Criminal Attorney. Chandler AZ felony convictions usually carry steep jail and prison sentences. Depending on the DUI, drug or other criminal charges, you could face long term or life time incarceration in prison; exorbitant fines and fees; and a felony criminal record that will follow you for life in some cases..

Felony Laws, Conviction & Sentencing | Chandler, AZ charges
Chandler Arizona is governed by the laws of the State of Arizona. Criminal charges fall within any one or more of six classifications; with Class 1 being the most severe. A class one felony conviction carries the harshest punishments and longest prison sentences, in many cases life in prison. If convicted of a Class 1 felony, the term of the sentence is usually required to be served in state prison rather than in Maricopa County jail. The felony sentencing and term is dictated by the nature and severity of the criminal charges for which you were convicted. Each felony class includes a minimum and maximum range for the mandatory prison term which is decided by the judge. For felonies, a sentencing hearing date is scheduled following a guilty verdict. This date is set at some point in the future for example 30 days out. A good private criminal defense lawyer will continue to fight for your freedom. They will make sure that you are treated fairly, and work to get you the minimum sentence or attempt to negotiate court orders and sentencing that have the least impact as possible on your life. In many cases, it is too late to bring on board a private criminal defense attorney, if you have not already, because irreparable harm may have been done to your defense case. The key to a successful defense is early retention of your criminal defense attorney, especially in felony cases.

LAW OFFICE OF JAMES NOVAK
DUI & Criminal Defense Lawyer
(Former Prosecutor)
Free Consultation!
(480) 413-1499

Continue reading "Why you must retain good legal representation for your DUI or criminal charges scheduled in Arizona Superior Court." »

10 Facts you should know if you face Drunk Driving Charges in Maricopa County!

1. Maricopa County Drunk Driving charges are very serious. Maricopa County DUI Laws are governed by AZ State Law, which are some of the most harsh in the Country. A first time drunk driving conviction can expose you to severe penalties including jail time. Your best chance of getting your drunk driving charges dismissed is to hire a private practice Maricopa County criminal defense or DUI defense attorney.

2. Regardless of your DUI evidence, you have the right to challenge your DUI charges. It makes no difference how high your Blood Alcohol Content (BAC Level) was, or if this is your second or third DUI: You have the right to hire a private practice AZ DUI lawyer to defend you, and fight to get your charges dismissed.

3. The Maricopa County Prosecutor is not your friend.
Don't be fooled by a smile or approachable greeting from your prosecutor. Their mission is to convict you. If you find your self confronted out of formal court proceedings, by a Maricopa County Prosecutor, avoid discussing any matters related to your DUI drunk driving charges or any other personal matters. Otherwise they can use your statements against you. While they may appear friendly and professional, you must remember their job is to convict you of a criminal or DUI charges in Maricopa County. Be polite and respectful, but do not engage in any discussion regarding your Maricopa County drunk driving charges or otherwise unless the judge or your DUI Attorney has instructed you otherwise.

4. You have the right to remain silent...Use it. You do not want to unintentionally incriminate yourself and damage your DUI defense. Instead, acknowledge you are aware of your right to remain silent, until you are accompanied by or consult your AZ DUI attorney, and wish to exercise it.

5. Promptly attend all scheduled court appearances for your Maricopa County
drunk driving charges or you will face an arrest warrant. If you miss your court date or are late, the Judge has the authority to issue a "Bench Warrant", for your arrest due to your "Failure to Appear" (FTA) "A.R.S. 13-2506 Failure to appear in the second degree; classification and A.R.S. 13-2507 Failure to appear in the first degree; classification." The only time this is not the case, is if you have retained a private practice Arizona DUI lawyer, and either your AZ DUI defense lawyer or the Judge instructs you otherwise.

6. Following a Maricopa County DUI or Drunk Driving Charge, you will need to deal with two separate entities. First, is a civil matter with the Arizona Division of Motor Vehicle (DMV or MVD). A Maricopa County DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. The second is criminal matter through the Arizona criminal justice system for the DUI charges.

7. If you hire a good private practice Maricopa County drunk driving defense lawyer, they will immediately begin tailoring and building a strong defense. A successful defense is one that begins well before your first scheduled court date. The more time you give your DUI lawyer to examine the evidence and build a defense, the greater your chances of getting the DUI charges dismissed. "Doing nothing" or waiting and hoping for the best, without hiring a Maricopa County DUI attorney, will get you a swift and severe conviction.

8. Without a strong private practice AZ DUI attorney defending you, the prosecution has an undisputed advantage. You may also be missing valuable negotiating opportunities through the proper legal channels. You could jeopardize your defense, by passing up opportunities to file early procedural or other substantial motions that could lead to a dismissal of your charges. There are no barriers between you and the Prosecutor, no one defending you, and no one to fight to protect your rights from unfair treatment and at an unfair disadvantage. Sound unfair? It is. But if can change the odds by hiring a good private practice DUI attorney.

9. If you decide not to hire a private practice Maricopa County DUI Defense attorney, you will be held to the same standard in the court room and process as if you were represented by an AZ DUI Attorney. You don't get any breaks by the court, by not hiring a private practice Maricopa County drunk driving lawyer. You will be held to the same standards as would otherwise your Maricopa County DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting a your defense case.

10. A good private practice Maricopa County DUI Lawyer will be prepared to make every effort to get your DUI charges dismissed. They will tailor, building, and presenting solid and compelling defense on your behalf. In some cases they may get your charges reduced to a less severe charge such as a civil traffic violation, get all or a portion of the evidence thrown out, to get the absolute best possible outcome in your case.

Continue reading "Drunk Driving Charges: Survival guide for a DUI Arrest" »

5 things you should know about your Gilbert Drunk Driving Charges!

The best advise a good Gilbert drunk driving lawyer can give you...

1. Arizona Drunk Driving charges is a serious offense. Arizona has strict DUI laws and penalties. Even a first time misdemeanor drunk driving conviction will expose you to severe penalties including time in jail time in Arizona's "Tent City". If you choose not to hire a private practice Gilbert DUI Attorney, lawyer, you will most likely meet an early conviction with severe punishments. Your best chance of getting your DUI dismissed, is to hire a private practice AZ criminal defense or DUI lawyer who defends DUI charges in Gilbert on a regular basis.

2. The Prosecutor is not your friend. After you are arrested in Gilbert AZ for drunk driving, the DUI charges are escalated to the Prosecutor for criminal processing. If your paths should cross with the Prosecutor, do not discuss any personal or other matters related to your case. Some defendants who have gone down that path, were surprised at statements they made to the prosecution were used against them. While they may appear friendly and greet you with a smile, you must remember, they have only one mission in mind...to convict you of a Gilbert DUI charge. So if a conversation should ensue, be polite and respectful, but do not engage in any discussion regarding your Gilbert drunk driving charges or otherwise. You have the right to remain silent. Use it. Otherwise, you may find that you have incriminated yourself and damaged your DUI defense. Instead, simply acknowledge you are aware of your right to remain silent, until you are accompanied by or consult your AZ DUI attorney, and wish to exercise it.

3. Be prompt, and attend all scheduled court appearances for your Gilbert
Arizona drunk driving charges. If you miss your court date or are late, the Judge has the authority to issue what is known as a "Bench Warrant", for your arrest due to your "failure to appear". The only time this is not the case, is if you have retained a private practice Arizona DUI lawyer, and they or the Maricopa County Judge instructs you otherwise.

4. Following your arrest for a Gilbert DUI, you will need to deal with two separate entities. First, is the Arizona Division of Motor Vehicle (DMV). An Arizona DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. The second is criminal Court for the criminal matter, the AZ DUI.

5. If you hire a good Gilbert drunk driving lawyer or Gilbert DUI law firm, they will immediately begin your drunk driving defense. A successful defense begins well "before" your first scheduled court date. The more time you give your defense a chance to build a defense case, the greater your chances of getting them dismissed. Doing nothing and waiting in hopes of the best, without hiring a Gilbert DUI attorney, gives the prosecution the advantage of having a case built against you, and leaving you with no shield of defense or preservation of your rights. You may also be missing valuable negotiating opportunities through the proper legal channels. Lastly, you stunt you may detriment your defense, by having waived the opportunity to file early relevant motions to dismiss your charges, if they exist. If you decide not to hire a private practice Gilbert DUI attorney, you will be held to the same standard of the court as if you were represented by an AZ DUI Attorney. You don't get any breaks by the court, by not hiring a private practice Gilbert drunk driving lawyer. You will be held to the same standards as would otherwise your Gilbert DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting your own defense. Criminal and DUI charges are dismissed often for violations of a defendant's rights, violations in police protocol, weak evidence, or violations of police procedures required by AZ Law. An experienced Gilbert DUI Lawyer will be prepared to make every effort to get your DUI charges dismissed. They will tailor, building, and presenting solid and compelling defense on your behalf. In some cases they may get your charges reduced to a less severe charge such as a civil traffic violation, get all or a portion of the evidence thrown out, to get the absolute best possible outcome in your case.

Continue reading "Drunk Driving Arrest: Tips on how to preserve your rights; and avoid self-incrimination after a DUI Arrest." »

"You have the right to hire a Tempe criminal lawyer at almost every stage of your DUI or criminal case. But the earlier you retain, the greater your chances of getting your Tempe DUI Dismissed."

The Importance of Hiring a Tempe AZ DUI or Criminal Lawyer Early
You have the right to hire an Arizona Criminal Defense Lawyer at nearly every stage of an AZ DUI Case. However, the best Tempe DUI and criminal defense lawyers would agree that the earlier you retain DUI Lawyer or criminal lawyer for your Tempe charges, the greater are your chances of getting your Tempe DUI or criminal charges dismissed. Early retention of a Tempe AZ DUI or criminal defense lawyer is a one of the most important keys to a favorable outcome. This allows your Tempe DUI attorney to gather evidence; protect your rights; build a successful defense strategy; file early motions; present compelling arguments to the court, prosecution or jury; and recognize and utilize the right time and processes to negotiate a dismissal of your charges.

At some stages in the DUI case processes, a good number of Tempe criminal lawyers or Tempe DUI attorneys will not accept your case. If you contact a private practice defense lawyer during mid or later stages of your case, they may not accept it due to their time demands or feel it is too late to provide you with an effective defense. This generally occurs for the following reasons (reasons are not all inclusive):

• Often the prosecution and court have their minds made up about a plea offer that was made but unacceptable to you. It is not likely they can be persuaded to reduce the penalties at a later point in the process. In fact they often times end up "digging their heels" further into the ground about the initial offer(s).

• You made admissions regarding your guilt, on record, either to the police, investigator, in court, deposition, or testimony, in response to the allegations against you. This may have jeopardized your defense case to the point that it can not be salvaged.

• You may have knowingly or unknowingly waived Rights you had to utilize certain defenses or processes that could led to a dismissal of your charges.

• Following your initial consultation, a private practice Tempe DUI or criminal defense lawyer, they decide not to accept your case, because they feel their involvement will not likely change the outcome at that point.

• Many Tempe DUI lawyers, Tempe criminal lawyers, and Tempe defense firms regulate their case loads. They may feel that any attempts they make at this point to provide an effective defense would be labor intensive and time consuming to the point that it would jeopardize the time needed to defend their other clients they accepted. Their first obligations would be to them, to allow adequate time and resources to tailor and mount a successful defense.

• Your case has been set for trial is in the middle of trial; or the trial is over and things are not going well or your have been convicted of the charges and given harsh penalties. Unless it is a formal appeal and the defense attorney handles cases in appeals court, they may turn the case away. Don't fret however; there are trial lawyers in Tempe AZ who will in fact accept the offer to represent you for the trial services late phase pre-trial services, post conviction services or represent you for an appeal. It may just mean o looking a little further, or making a few more contacts to find them.

When you hire a Tempe criminal defense lawyer or Tempe DUI Attorney, you are the employer and the defense attorney works for you. However, Tempe DUI lawyer or criminal defense attorney also has the right to accept or deny taking your case.
So if you prudently choose to hire a private practice Tempe DUI Lawyer or criminal attorney, you will most likely have a vast amount of defense Attorneys to choose from. You will be able to easily find good legal representation at an affordable price, without looking too far. And most importantly, they will have adequate time to tailor, build and present a solid and effective defense case on your behalf.

Continue reading "Defense for DUI Charges is critical: Find out why you need experienced criminal defense representation for your DUI / DWI charges." »

Scottsdale criminal defense | Scottsdale DUI Lawyer
A major factor in getting a successful outcome for you is early retention of a criminal or DUI defense lawyer who defends cases in Scottsdale AZ.

After a DUI arrest in Scottsdale Arizona you will have your Initial Appearance before the court within the next 48 hours. It is important that you or someone on your behalf has consulted a criminal defense attorney or DUI lawyer who defends charges in Scottsdale AZ on a regular basis.

Initial Appearance in Scottsdale Court
The initial appearance is the first phase through the Scottsdale criminal justice system. You will appear before the judge in the Scottsdale court if that is where you were arrested following your DUI stop. There, the following will take place:
1) You will be read your formal DUI or criminal charges (or complaint).
2) You will be given your release conditions.
3) You will be given your next court date, time and location.
4) You will let the Judge know you plan to or will be retaining a private criminal or DUI attorney to defend you and provide their contact information to the court. If you are unable to retain private legal representation, the court will allow you to fill out an initial screening questionnaire to determine if you qualify to be assigned to a court appointed attorney (public defender).

Tips to Follow After Your Initial Appearance in Scottsdale Court
• Do not discuss your case with anyone accept your own criminal defense Attorney
• Do not discuss your case with any police officer or investigator, no matter how polite or courteous they may seem. Simply let them know you are being represented by a defense attorney, and advise them to contact your attorney. Any statement you make to them can damage your defense and be used against you.
• Do not discuss your case with family or friends by phone, or in person. Anything you say even to family members, friends, or acquaintances can be used against you in court. And those persons can be subpoenaed to appear in court to testify against you.
Your chances of getting your DUI or criminal charges dismissed, sentencing reduced, evidence suppressed or other favorable outcome, significantly increase when you hire a private criminal defense or DUI lawyer who defends charges in Scottsdale AZ. One thing most Good Criminal Attorneys in Scottsdale agree upon is this: A major factor in getting a successful outcome for you is early retention of a criminal or DUI defense lawyer.

Before you make your decision, find out as much as you can about that attorney. For more articles and useful formation on how to hire an attorney visit http://www.arizonacriminaldefenseattorneyblog.com/cgi-bin/mt-search.cgi?search=how+to+hire+the+best+attorney+Scottsdale&IncludeBlogs=401&search=

Continue reading "DUI Arrest: Find out when and what happens at your Initial Court Appearance" »

"You have the right to hire a Gilbert criminal lawyer or Gilbert DUI lawyer at almost every stage of your DUI or criminal case. But the earlier you retain, the greater your chances of getting your Gilbert DUI Dismissed."

The Importance of Hiring a Gilbert AZ DUI or Criminal Lawyer Early
You can retain an Arizona Criminal Defense Lawyer at nearly every stage of a Gilbert AZ DUI or criminal case. However, the best Gilbert DUI and criminal defense lawyers would agree that the earlier you retain DUI Lawyer or criminal lawyer for your Gilbert charges, the greater your chances of getting your Gilbert DUI or criminal charges dismissed. Early retention of a Gilbert AZ DUI or criminal defense lawyer is a one of the most important keys to a successful defense. Time gives your Gilbert DUI attorney to gather evidence; protect your rights; build a successful defense strategy; file early motions; present compelling arguments to the court, prosecution or jury; and recognize and utilize the right time and processes to negotiate a dismissal of your charges.

At some mid to late stages in the DUI criminal justice process a good number of Gilbert criminal lawyers or Gilbert DUI attorneys will not accept your case. If you contact a private practice Attorney during mid or later stages of your case, they may not accept it. This is because due to their time demands, and heavy court or trial schedules, they feel it is too late to provide you with an effective defense. This generally occurs for the following reasons (reasons are not all inclusive):

• You already have a public defender, or private practice attorney who has been handling your case. You are not happy with the direction the case is going so you call another private attorney. If you have no intention of hiring them, they will not discuss your case further. Most DUI or criminal attorneys will refrain from discussing your case. Among other reasons, they may feel that to do so is unethical, and the attorney will refer you back to your original attorney.
• Often the prosecution and court have their minds made up about a plea offer that was made but unacceptable to you. It is not likely they can be persuaded to reduce the penalties just because you hired someone else. In fact they often times end up "digging their heels" further into the ground about the initial offer(s).
• You made admissions regarding your guilt, on record, either to the police, investigator, in court, deposition, or testimony, in response to the allegations against you. This may have jeopardized your defense case to the point that it can not be salvaged.
• You may have knowingly or unintentionally waived Rights you could have used for certain defenses that could have led to a dismissal of your charges.
• Consider it your best interest if a new private practice attorney refrains from taking your case, if they feel their intervention will not likely change the outcome at that point.
• Many Gilbert DUI and criminal defense lawyers and law firms regulate their case loads. They may feel that it would be too labor intensive and time consuming to the point and would take away from time required to defend their current clients who signed on earlier, as well as their heavy court and trial schedules that exist. Their first obligations would be to them, to allow adequate time and resources to tailor and mount a successful defense.
• Your case or trial is over and did not have a good outcome, so you want to appeal the decision. Not all attorneys handle Appeal cases or provide post conviction services. Some handle limited cases, to those clients the previously served. However, there are trial lawyers who do them on a regular basis. It may just mean o looking a little further, or making a few more contacts to find them.

Remember to hire a Gilbert criminal lawyer or DUI lawyer is, no different than being an employer. They work for you. However, Gilbert DUI lawyer or criminal defense attorney also has the right refuse the job; thereby, refraining from handling your case.
If you prudently hire a private practice Gilbert DUI Lawyer or criminal attorney early on, you will have a vast amount of defense Attorneys to choose from. You will easily find good legal representation at an affordable price, without looking too far. Most importantly, they will have adequate time to tailor, build and present a solid and effective defense case on your behalf.

Continue reading "Why hiring a private practice criminal defense attorney will increase your preserve your rights and increase your chances of getting a good outcome in your DUI or other criminal case." »

"You have the right to hire a Phoenix Criminal Defense Lawyer at nearly every stage of a DUI or Criminal Case. But the earlier you hire a criminal or DUI Lawyer, the greater your Chances are of Getting Your Phoenix DUI Dismissed."

The Importance of Hiring a Phoenix AZ DUI or Criminal Lawyer Early
The best Phoenix AZ DUI lawyers would agree that you have the right to hire an Arizona Criminal Defense Lawyer at nearly every stage of an AZ DUI Case. However, understand that the earlier you retain DUI Lawyer or criminal lawyer for your Phoenix charges, the greater your chances become of getting your DUI or criminal charges dismissed. Early retention of an Arizona criminal defense or DUI Lawyer is a one of the most important keys to a favorable outcome.

Further at some stages in the DUI case processes, a good number of criminal defense attorneys or AZ DUI lawyers will not accepting your case. If you contact a private practice defense lawyer during mid or later stages of your case, they may not accept it due to their time demands or feel it is too late to provide you with an effective defense. This generally occurs for the following reasons (reasons are not exhaustive):
• Often the prosecution and court have their minds made up about a plea offer that was unfavorable to you. It is not likely they can be persuaded to reduce the penalties at a later point in the process.
• You made admissions regarding your guilt, on record, either to the police, investigator, in court, deposition, or testimony, in response to the allegations against you. This may have jeopardized your defense case to the point that it can not be salvaged.
• Rights to utilize certain defenses were waived due to events that took place, actions or inactions to preserve your rights.
• After obtaining or hearing the facts at your initial consultation, a private practice Phoenix DUI or criminal defense lawyer, recognize the hurdles that have mounted against you. Consequently they decide not to accept your case, because they feel their involvement will not likely change the outcome at that point.
• Many Phoenix DUI lawyers, criminal lawyers, and criminal defense firms regulate their case loads. They may feel that any attempts to dismantle or overcome events that have taken place may be too labor intensive on their current case load which will take them away from their other defendants they have accepted and to who they are obligated to provide adequate time needed for an effective defense.
• Your case has been set for trial, is in the middle of trial, or the trial is over. Unless it is a formal appeal and the defense attorney handles cases in appeals court, they may turn the case away. Don't fret however; there are trial lawyers in Arizona who will in fact accept the offer to represent you for the trial services late phase pre-trial services, post conviction services or appeals. You may just need to look a little further, or make a few more contacts to find them.

When you hire a Phoenix criminal defense lawyer or Phoenix DUI Attorney, you are the employer. They work for you. At the same time however, the DUI lawyer or defense attorney who defends charges in Phoenix also has the option of taking the job or not.
So early on, if you are willing to pay a reasonable fee charged by the private practice Arizona Criminal Defense Lawyer or Phoenix DUI Lawyer, you will most likely have your pick. You will be able to easily find good legal representation at an affordable price, without looking too far. But most importantly, they will have adequate time to tailor and build you a solid and effective defense case.

Continue reading "DUI Defense: You should retain a criminal defense attorney well before your first court date. By waiting, you risk the chance of irreversible damage to your case." »

If you were charged with a Tempe AZ DUI that does not mean you will automatically be convicted. You are innocent until proven guilty, you have a constitutional right to defend your DUI charges and hire a qualified DUI lawyer who will fight to get your Tempe DUI charges dismissed.

The penalties for conviction of a Tempe DUI (driving under the influence) or Tempe DWI (driving while intoxicated) conviction depend primarily on the type of DUI for which you were charged. Also, whether or not you have a prior DUI or other criminal record has an impact on sentencing. If you face DUI charges in Tempe AZ you should consult a Tempe AZ DUI Lawyer or Criminal Lawyer in Tempe AZ who defends DUI charges in Tempe AZ on a regular basis. When you consult them, be sure to let them know the type of DUI you were charged with, and any prior Criminal or DUI conviction history, so they can help you further.

Overview -Types of Tempe DUI or Tempe DWI Charges
1) Impaired to the Slightest Degree or BAC above .080 (first offense)
2) Impaired to the Slightest Degree or BAC above .080 (second offense)
3) Extreme DUI BAC .150 -.199 (first offense)
4) Extreme DUI BAC .150 -.199 (second offense)
5) Super Extreme DUI BAC .200 or higher (first offense)
6) Super Extreme DUI BAC .200 or higher (second offense)
7) Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
8) Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

DUI "with a prior" DUI, or other Criminal history
Any Tempe AZ DUI or Tempe AZ DWI is serious. All DUI convictions include mandatory jail sentences as well as other penalties. A DUI in Tempe AZ with "priors" or an existing criminal record will result in a more severe sentencing if convicted.
A previous DUI is considered "a prior" if it occurred within the last 7 years or 84 months regardless of what state it occurred.

Tempe AZ DUI Penalties
Tempe DUI penalties are governed by the State DUI laws of Arizona. The penalties can be found comprehensively described by visiting "azleg.gov/ArizonaRevisedStatutes." Below are penalties for described types of DUI charges cited in part as follows?
"Article 3 Driving Under the Influence 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification 28-1382 Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification 28-1383 Aggravated driving or actual physical control while under the influence; violation; classification; definition..."

Any Tempe DUI conviction will expose you to the following penalties:
• Incarceration in Jail
• Fines, Fees, Costs,
• Mandatory Ignition Interlock Device installed in your automobile at your expense for a court ordered amount of time,
• Alcohol or drug screening and mandatory participation in counseling, or treatment program.

A Tempe AZ felony DUI also known as "aggravated DUI" conviction carries much more severe penalties. These usually include extended incarceration in jail or prison, depending on the circumstances in your case. They also include higher fines, fees, and costs, probation, among other penalties.

Tempe DUI Lawyers and Tempe AZ DUI Defense
Arizona has some of the toughest DUI laws and penalties in the country if you are convicted. If you were arrested for a Tempe DUI, does not automatically mean you will be convicted. You have a constitutional right to defend your DUI charges and hire a qualified DUI lawyer who will fight to get your Tempe DUI charges dismissed.
If you wish to have any chance of getting your Tempe DUI dismissed, it is necessary for you to hire an experienced Tempe AZ DUI Lawyer who often defends DUI and criminal charge in Tempe Court. A DUI lawyer in Tempe AZ will defend you through every phase of the Arizona criminal justice process. They will be familiar with the Tempe Court protocol, requirements. judges, prosecution, and defenses that can be used to fight to get your charges dismissed. They will build and present compelling legal arguments in your defense. Hiring the best AZ DUI lawyer that you can will drastically increase your chances of getting your DUI charges dismissed, reduced or an otherwise much better outcome in your case.

AZ criminal and DUI laws and legislation are subject to change. For accurate and current information on the law, contact James Novak, experienced Arizona DUI and criminal defense Attorney.

Continue reading "Arizona DUI Laws: Types and Classifications of DUI - DWI charges" »

7 Facts you need to know if you face Drunken Driving Charges in Scottsdale AZ!

1. Scottsdale Drunk Driving DUI charges are serious.
Scottsdale DUI Laws are governed by Arizona State DUI laws and penalties which are strict and harsh. Even a first time misdemeanor drunk driving conviction will expose you to severe penalties including time in jail time. Your best chance of getting your DUI charges dismissed is to hire a private practice AZ criminal defense or DUI lawyer who defends DUI charges in Scottsdale on a regular basis. Regardless of the defendants Blood Alcohol Content (BAC Levels) or whether or not your DUI is a repeat offense, you have the right to hire a good DUI lawyer, and challenge your DUI charges in order to get them dismissed or reduced to lesser charges or penalties.

2. The Prosecution is not your friend.
Once you have been arrested for a Scottsdale DUI or drunk driving charges, the "complaint" is escalated to the Prosecution's office for criminal processing. If you find your self in a conversation with the Prosecutor, avoid discussing any matters related to your DUI drunk driving charges or any other personal matters. Some defendant who are not cautious, are unpleasantly surprised to find that the prosecution used statements they made against them. While they may appear friendly and greet you with a smile, you must remember, they have only one mission in mind...to convict you of a Scottsdale DUI charge. So if a conversation should ensue, be polite and respectful, but do not engage in any discussion regarding your Scottsdale drunk driving charges or otherwise. You have the right to remain silent. Use it. Otherwise, you may find that you have incriminated yourself and damaged your DUI defense. Instead, acknowledge you are aware of your right to remain silent, until you are accompanied by or consult your AZ DUI attorney, and wish to exercise it.

3. Promptly attend all scheduled court appearances for your Scottsdale
Arizona DUI or drunk driving charges or you will face an arrest warrant. If you miss your court date or are late, the Judge has the authority to issue a "Bench Warrant", for your arrest due to your "Failure to Appear" (FTA) "A.R.S. 13-2506 Failure to appear in the second degree; classification and A.R.S. 13-2507 Failure to appear in the first degree; classification." The only time this is not the case, is if you have retained a private practice Arizona DUI lawyer, and either your AZ DUI defense lawyer or the Judge instructs you otherwise.

4. Following a Scottsdale DUI or Drunk Driving Charge you can expect to defend yourself or hire an Arizona criminal defense lawyer to defend you against two separate entities.
First, is a civil matter with the Arizona Division of Motor Vehicle (DMV). An Arizona DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. The second is criminal matter through the Arizona criminal justice system for the DUI charges.

5. If you hire a good Scottsdale drunk driving lawyer they will immediately begin tailoring and building a strong Scottsdale drunk driving defense.
A successful defense begins well before your first scheduled court date. The more time you give your DUI lawyer to examine the evidence and build a defense, the greater your chances of getting the DUI charges dismissed. "Doing nothing" or waiting and hoping for the best, without hiring a Scottsdale DUI attorney, will get you a swift and severe conviction.

6. Without a strong private practice AZ DUI attorney defending you the prosecution has an undisputed advantage over you.
You may also be missing valuable negotiating opportunities through the proper legal channels. Lastly, you stunt you may detriment your defense, by having waived the opportunity to file early relevant motions to dismiss your charges, if they exist. It is like entering into a war zone, without fire power, sword, or shield and no knowledge of where the land mines are. There is no barrier for a defense and no one to protect your rights from unfair treatment and at an unfair disadvantage. The prosecutions consider you fair game for a quick conviction and prosecution without an AZ DUI Attorney.

7) If you decide not to hire a private practice Scottsdale DUI attorney, you will be held to the same standard in the court as if you were represented by an AZ DUI Attorney.
You don't get any breaks by the court, by not hiring a private practice Scottsdale drunk driving lawyer. You will be held to the same standards as would otherwise your Scottsdale DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting your own defense. Criminal and DUI charges are dismissed often for violations of a defendant's rights, violations in police protocol, weak evidence, or violations of police procedures required by AZ Law

An experienced Scottsdale DUI Lawyer will be prepared to make every effort to get your DUI charges dismissed. They will tailor, building, and presenting solid and compelling defense on your behalf. In some cases they may get your charges reduced to a less severe charge such as a civil traffic violation, get all or a portion of the evidence thrown out, to get the absolute best possible outcome in your case.

Continue reading "Drunk Driving Arrest: What you should know about defending your DUI charges" »

"You have the right to hire a Mesa criminal lawyer or Mesa DUI lawyer at almost every stage of your DUI or criminal case. But the earlier you retain, the greater your chances of getting your Mesa DUI Dismissed."

The Importance of Hiring a Mesa AZ DUI or Criminal Lawyer Early
You can retain an Arizona Criminal Defense Lawyer at nearly every stage of a Mesa AZ DUI or criminal case. However, the best Mesa DUI and criminal defense lawyers would agree that the earlier you retain DUI Lawyer or criminal lawyer for your Mesa charges, the greater your chances of getting your Mesa DUI or criminal charges dismissed. Early retention of a Mesa AZ DUI or criminal defense lawyer is a one of the most important keys to a successful defense. Time gives your Mesa DUI attorney to gather evidence; protect your rights; build a successful defense strategy; file early motions; present compelling arguments to the court, prosecution or jury; and recognize and utilize the right time and processes to negotiate a dismissal of your charges.

At some mid to late stages in the DUI criminal justice process a good number of Mesa criminal lawyers or Mesa DUI attorneys will not accept your case. If you contact a private practice Attorney during mid or later stages of your case, they may not accept it. This is because due to their time demands, and heavy court or trial schedules, they feel it is too late to provide you with an effective defense. This generally occurs for the following reasons (reasons are not all inclusive):

• First off, don't be offended in the following scenario: You already have a public defender, or private practice attorney who has been handling your case. They you call another attorney, with no intention to hire a new attorney, and ask for a free consultation or to discuss your case. Ethically, 9 out of 10 attorneys will refrain from discussing your case. Among many other reasons, to do in most cases is unethical, and the attorney will refer you to discuss the matter with your current attorney.

• Often the prosecution and court have their minds made up about a plea offer that was made but unacceptable to you. It is not likely they can be persuaded to reduce the penalties just because you hired someone else. In fact they often times end up "digging their heels" further into the ground about the initial offer(s).

• You made admissions regarding your guilt, on record, either to the police, investigator, in court, deposition, or testimony, in response to the allegations against you. This may have jeopardized your defense case to the point that it can not be salvaged.

• You may have knowingly or unintentionally waived Rights you could have used for certain defenses that could have led to a dismissal of your charges.

• Consider it your best interest if a new private practice attorney refrains from taking your case, if they feel their intervention will not likely change the outcome at that point.

• Many Mesa DUI and criminal defense lawyers and law firms regulate their case loads. They may feel that it would be too labor intensive and time consuming to the point and would take away from time required to defend their current clients who signed on earlier, as well as their heavy court and trial schedules that exist. Their first obligations would be to them, to allow adequate time and resources to tailor and mount a successful defense.

• Your case or trial is over and did not have a good outcome, so you want to appeal the decision. Not all attorneys handle Appeal cases or provide post conviction services. Some handle limited cases, to those clients the previously served. However, there are trial lawyers who do them on a regular basis. It may just mean o looking a little further, or making a few more contacts to find them.

Remember to hire a Mesa criminal lawyer or DUI lawyer is, no different than being an employer. They work for you. However, Mesa DUI lawyer or criminal defense attorney also has the right refuse the job; thereby, refraining from handling your case.

If you prudently hire a private practice Mesa DUI Lawyer or criminal attorney early on, you will have a vast amount of defense Attorneys to choose from. You will easily find good legal representation at an affordable price, without looking too far. Most importantly, they will have adequate time to tailor, build and present a solid and effective defense case on your behalf.

Continue reading "Criminal Defense Legal Representation: Reasons you should not delay retaining a criminal attorney to defend your DUI charges" »